Raisingh @ Bondriya vs The State Of Madhya Pradesh
2023 Latest Caselaw 17906 MP

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        CRA No. 7765 of 2023
                                           (RAISINGH @ BONDRIYA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 27-10-2023
                                 Ms. Sharmila Sharma, learned counsel for the appellant.

                                 Shri Gaurav Singh Chouhan, learned Govt. Advocate for the
                           respondent/State.

The matter is taken up for hearing, hence, I.A.No.9610/2023, application for urgent hearing stands disposed of.

Heard on I.A. No.9609/2023, which is first application under Section 389 filed by appellant-Raisingh @ Bondriya S/o Bhuliya Tadvi for suspension of sentence.

2. Appellant stands convicted vide judgment dated 29.07.2013, passed by the IIIrd Additional Sessions Judge, Khargone,(M.P.) in S.T. No.136/2012 for offence under Section 302 of IPC and sentenced to Life Imprisonment with fine of Rs.5,000/- and under Section 201 of IPC sentenced to 7 years R.I. with fine of Rs.2,000/- with default stipulation.

3. The prosecution case found to be proved is that on 12.04.2012 a

report was lodged by complainant Ramsingh at Police Station Bhagwanpura to the effect that on 12.04.2012 in the afternoon, children of his village informed him that a body of a person is lying in his well. Upon hearing this, he alongwith Kilonjiya and Kesariya went to the spot and saw that dead body of Bisan, who is residing in his village are lying in the well. On the basis of the aforesaid, crime/FIR has been registered.

4. Learned counsel for the appellant submits that the appellant has been falsely implicated in the case. The appellant was convicted in the offence since Signature Not Verified Signed by: PREETHA HARI NAIR Signing time: 30-10-2023 05:43:30

29.07.2013. He has suffered jail incarceration since 11 years and 6 months. It is a case of circumstantial evidence. Though towel was seized from the possession of the present appellant, but no blood was found on it. There is no eye-witness to the incident. Only last seen witness was available. There is no previous enmity. This appeal is of the year 2023. However, final disposal of this appeal will take considerable time. Hence, it is prayed that the substantive jail sentence of the appellant be suspended and he be released on bail.

5. Learned counsel appearing for the State has vehemently opposed the submission and prays for rejection of the application for suspension of sentence.

6. On due consideration of the facts and circumstances of the case, coupled with the fact that final disposal of this appeal will take considerable long time, without expressing any opinion on the merits of the case, I.A.No.9609/2023 is allowed and it is directed that upon depositing the fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs. 50,000/-(Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial court, the substantive jail sentence of the appellant shall remain suspended till final disposal of the appeal and he shall be released on bail. He shall appear before the concerned trial Court firstly on 21.12.2023 and on all other subsequent dates, as may be fixed in this behalf.

Certified copy as per rules.

                             (S. A. DHARMADHIKARI)                                      (PRANAY VERMA)
                                      JUDGE                                                 JUDGE


Signature Not Verified
Signed by: PREETHA HARI
NAIR
Signing time: 30-10-2023
05:43:30

                           pn




Signature Not Verified
Signed by: PREETHA HARI
NAIR
Signing time: 30-10-2023
05:43:30